Bryan v. Christianson
Supreme Court of Iowa
Appeal from Hamilton District Court. — H. E. Fry, Judge. The nature of tbe action, the issues, and the decision, as stated by appellant, and which appellees concede to be correct, are stated thus: “This is a suit in equity, to restrain the defendants from entering on the plaintiff’s land and destroying his fences and obstructing- the free use thereof by the plaintiff. A temporary injunction issued.
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Appeal from Hamilton District Court. — H. E. Fry, Judge. The nature of tbe action, the issues, and the decision, as stated by appellant, and which appellees concede to be correct, are stated thus: “This is a suit in equity, to restrain the defendants from entering on the plaintiff’s land and destroying his fences and obstructing- the free use thereof by the plaintiff. A temporary injunction issued. “The plaintiff claims to be the owner of the east half of the west half of Section 15 in Township 88, Range 23 West of the 5th P. M., Iowa, and has been in the absolute, peaceful, adverse, and…
1Opinion of the CourtPreston, J.
Defendants offered in evidence the plat of the land, as shown in the government plat book, which we here insert for a better understanding of the situation, and to avoid attempting a description. The plat shows Section lo.
One feature of this case was before this court in Carr v. Moore, 119 Iowa 152. The plaintiff here was a party plaintiff in that action, and, so far as plaintiff is concern*672ed, both, cases cover the same land. That case is relied upon by defendants as an adjudication against the plaintiff herein, and they state that it was there held that plaintiff had no color of title or…
2Cases cited5 opinions
- Goulding v. ShonquistSupreme Court of Iowa · 1913
- Carr v. MooreSupreme Court of Iowa · 1903
- Lindt v. UihleinSupreme Court of Iowa · 1902
- May v. SutherlinWashington Supreme Court · 1906
- Center v. CadyCourt of Appeals for the Ninth Circuit · 1911
3Cited by3 opinions
- Burch v. WickliffSupreme Court of Iowa · 1929
- Bigelow v. Indemnity Insurance Co. of North AmericaSupreme Court of Iowa · 1928
- Dwyer v. ChristiansonSupreme Court of Iowa · 1920